Subsection 5: Representation leave

When an employee is appointed as representative of an association governed by the law of 1st July 1901 relating to the contract of association or entered in the register of associations in application of the local civil code applicable to the departments of Bas-Rhin, Haut-Rhin and Moselle or of a mutual insurance association within the meaning of the mutual insurance code to sit on a body, whether consultative or not,…

An employee benefiting from representation leave who suffers a reduction in remuneration as a result receives an allowance from the State or the local authority to compensate, in full or in part, where appropriate in the form of a lump sum, for the reduction in remuneration. The employer may decide to maintain all or part of this remuneration, over and above the compensatory allowance. In this case, the sums paid…

Representation leave may be split into half-days. Its duration cannot be deducted from the annual paid leave and is treated as a period of actual work for the purposes of determining paid leave entitlements and all other rights resulting for the person concerned from his employment contract.

The employer may refuse to grant the leave if it considers that the absence is likely to have a detrimental effect on the smooth running of the company. The employer’s refusal is made after consulting the social and economic committee. Reasons must be given. In the event of a dispute, the employer’s refusal may be challenged directly by the employee before the industrial tribunal (Conseil de prud’hommes), ruling under the…

A decree of the Conseil d’Etat shall determine the terms and conditions for the application of this sub-section, in particular the conditions for compensation of the employee by the State.